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Section 80G Approval cannot be denied merely on presumptions: ITAT Hyderabad

June 12, 2025 486 Views 0 comment Print

ITAT Hyderabad remands Mahindra University’s 80G application to CIT(E), citing arbitrary rejection despite prior 10(23C)(vi) approval for charitable education.

GoDaddy Income Not Royalty or FTS, Rules ITAT Delhi

May 12, 2025 1584 Views 0 comment Print

ITAT Delhi held GoDaddy’s income from domain registration, hosting, and other services not taxable as royalty or FTS under the Income Tax Act or India-USA DTAA.

IT Assessment Invalid Due to Absence of Transfer Order Under Section 127: ITAT Delhi

May 12, 2025 1893 Views 0 comment Print

ITAT Delhi ruled an income tax assessment invalid, quashing the order. The assessment was completed by an officer lacking jurisdiction without a valid Section 127 transfer order.

Share Application Money from Existing Shareholders, Later Converted to Shares, Is a Capital Receipt

May 2, 2025 939 Views 0 comment Print

ITAT Mumbai rules share application money from existing shareholders, later converted to shares, is a capital receipt, not taxable as business income u/s 28(iv).

Section 40(a)(ia) disallowance Invalid If Payee Declared Income; Form 26A Not Applicable Pre-2012

May 2, 2025 861 Views 0 comment Print

ITAT Kolkata allows appeal, holding TDS disallowance unsustainable if payee taxed income, especially when Form 26A wasn’t applicable.

No Section 270A Penalty for Delay in Filing Form 67 if no Misreporting of Income

May 2, 2025 900 Views 0 comment Print

ITAT Visakhapatnam rules no penalty for late Form 67 filing when foreign tax payment is genuine; upholds CIT(A) decision against Revenue.

Interest on Enhanced agricultural Land acquisition Compensation Under Section 28 is Tax-Free

May 2, 2025 3477 Views 0 comment Print

ITAT Delhi holds interest on enhanced land acquisition compensation under Section 28 is tax-free under Section 10(37), not taxable under Section 56.

ITAT Lucknow allows Sections 11 & 12 Exemption Despite Clerical Omission in ITR

April 30, 2025 813 Views 0 comment Print

Lucknow ITAT rules Bright Land College eligible for charitable exemption despite return filing error, citing Gujarat High Court precedent on application of income.

Absence of cross-examination vitiates third-party statements: ITAT Nagpur

April 30, 2025 2274 Views 0 comment Print

ITAT Nagpur deletes additions under Section 68 due to lack of cross-examination and sufficient documentary evidence provided by the assessee in loan and LTCG cases.

Government Can Cancel Tender to Protect State’s Financial Interests: SC

April 28, 2025 4104 Views 0 comment Print

Supreme Court upholds government’s right to cancel tenders to protect state finances, limiting judicial review in such matters.

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